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Filing a lawsuit following a slip-and-fall accident

On Behalf of | Oct 6, 2021 | Personal Injury

Slip-and-fall accidents can occur just about anywhere and can result in serious injuries no matter where they occur. Some of the most common locations for a slip-and-fall accident include:

  • Grocery stores
  • Apartment complexes
  • Restaurants and bars
  • Movie theaters
  • Gas stations
  • Shopping malls
  • Hotels
  • Sidewalks and parking lots

If you have suffered injuries in a slip-and-fall accident, you may be able to file a personal injury suit against the property owner and other negligent parties based on the theory of premises liability.

What causes a slip-and-fall?

A slip-and-fall can occur for many different reasons, but many occur due to a hazardous or defective condition on the premises. Common hazards include:

  • Wet/sticky/slippery floors
  • Spilled food or liquid
  • Uneven tiles or torn carpeting
  • Poorly maintained parking lots
  • Icy sidewalks
  • Improperly placed furniture or floor displays
  • Poor lighting

Proving a premises liability claim

To build your slip-and-fall case, you will likely need to prove that the property owner was at-fault for your accident. Proving a slip-and-fall requires you to:

  • Establish that you were a business invitee or lawful visitor on the property.
  • Establish the existence of a dangerous or hazardous condition on the property at the time of your accident.
  • Establish that the property owner failed to take reasonable action to inspect the premises, remedy the dangerous condition, and/or warn of the dangerous condition.
  • Establish that the property’s owner’s negligent actions caused your accident.
  • Establish that you suffered damages as a result of the accident.

While a dangerous condition on the premises often causes or contributes to a slip-and-fall, the property owner may argue that the victim contributed to his or her own accident by wearing ill-fitting shoes or failing to pay attention to their surroundings. In contributory negligence states like Virginia, slip-and-fall victims who are even partially liable for their own accident will not be allowed to recover compensation. A personal injury attorney can give you an honest and thorough evaluation of your case and advise you on your legal options.